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09-14-2006 PC MINSPECIAL MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL THURSDAY, SEPTEMBER 14, 2006 Members Present: Chair Lemke, Commissioners Anderson, Offerman, Ropp, Stevens and Westgaard. Chair Lemke left the meeting at approximately 8:35 p.m. Members Absent: Commissioner Scott Staff Present: Jeremy Barnhart, Planning Manger; Chris Leeseberg, Planner; Sheila Cartney, Senior Planner; Debbie Huebner, Recording Secretary Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:35 p.m. by Chair Lemke. 2. Consider 9/14/06 Planning Commission Agenda MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER WESTGAARD TO APPROVE THE SEPTEMBER 14, 2006 PLANNING COMMISSION AGENDA WITH THE FOLLOWING CHANGES: ITEM 3.1. -MOVED TO 6.0. ITEM 6.2. - TO BE CONSIDERED BEFORE 6.1. MOTION CARRIED 6-0. 3. Consider Consent Agenda -This item moved to 6.0. 4. Consider 8/8/06 Planning Commission Minutes MOVED BY COMMISSIONER WESTGAARD AND SECONDED BY COMMISSIONER OFFERMAN TO APPROVE THE AUGUST 8, 2006 MINUTES. MOTION CARRIED 6-0. Planning Commission Representative to Attend City Council Meeting Commissioner Westgaard will attend the September 18, 2006 City Council meeting. 6.0. Reduest by Jeff Werner for Preliminary Plat Cranberry Ridgel, Public Hearing -Case No P 06-15 Chair Lemke opened the public hearing. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER OFFERMAN TO CONTINUE THE PUBLIC HEARING FOR THE REQUEST BY JEFF WERNER FOR PRELIMINARY PLAT OF CRANBERRY RIDGE, CASE NO. P 06-15, TO THE OCTOBER 10, 2006 MEETING. MOTION CARRIED 6-0. Planning Commission Minutes Page 2 September 14, 2006 6.2. Reduest by KKE Architects for Conditional Use Permit for Elk River Library, Public Hearing -Case No. CU 06-23 Planner Chris Leeseberg provided background information regarding the site selection process for location of a new library and the site across from City Hall overlooking Lake Orono was determined to be the most appropriate location. He stated that many aspects of the building design is to meet LEED (Leadership in Energy and Environmental Design) Certification standards such as day lighting, high performance mechanical and electrical systems and minimising of impervious surface on the site. Mr. Leeseberg reviewed details of the building design, building materials, signage, lighting, hours of operation, parking and circulation, and landscaping. The request is consistent with the conditional use permit standards and staff recommends approval of the request with the eleven conditions listed in the staff report to the Commission dated September 14, 2006. Commissioner Stevens asked if the building setbacks will allow future expansion of the building. Jennifer Anderson-Tuttle of KKE Architects stated yes, and explained where future expansions could occur. Chair Lemke asked if the day lighting would remain if the building were expanded? Ms. Tuttle stated yes, and explained future expansion areas. Chair Lemke opened the public hearing. There being no one to speak to this issue, Chair Lemke closed the public hearing. Commissioner Offerman stated he felt some architectural break in the south elevation was needed. He asked if this building would meet the City's business park standards. Mr. Leeseberg stated yes, noting that those standards are designed for much larger buildings. Commissioner Stevens stated that he liked the design of the building and the fact that it allows for future expansion. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY KID ARCHITECTS FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A LIBRARY, CASE NO. CU 06-23, WITH THE FOLLOWING CONDITIONS: 1. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING CODES. 2. THE BUILDING SHALL MEET ALL APPLICABLE FIRE CODES. 3. ALL BUILDING MATERIALS SHALL BE SIMILAR IN STYLE AND TYPE TO THOSE SHOWN ON THE DRAWING DATED JULY 20, 2006. 4. ALL LANDSCAPING SHALL BE INSTALLED AS SHOWN ON THE DRAWING DATED JULY 20, 2006. 5. ALL SITE PLAN AMENITIES SHALL BE AS SHOWN ON THE DRAWING DATED JULY 20, 2006. 6. ALL SITE LIGHTING SHALL MEET CITY ORDINANCE REQUIREMENTS. 7. SIGNAGE SHALL BE AS SHOWN ON THE ELEVATIONS DATED JULY 20, 2006. 8. MONUMENT SIGNAGE SHALL NOT BE TALLER THAN THE MONUMENT SIGN FOR THE CITY HALL/PUBLIC SAFETY CAMPUS Planning Commission Minutes September 14, 2006 Page 3 (NOT TO EXCEED 20-FEET) AND SHALL BE LOCATED ON EITHER SIDE OF THE ENTRANCE DRIVE. 9. SIGN PERMITS SHALL BE OBTAINED FOR ALL SIGNS. 10. IF A COFFEE SHOP/CAFE GREATER THAN 1,800 SQUARE FEET IS DESIRED OR IN A SIGNIFICANTLY DIFFERENT LOCATION THAN AS SHOWN ON THE SITE PLAN DRAWING DATED JULY 20, 2006, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THEIR CONDITIONAL USE PERMIT. 11. SUPPORT SERVICES TO THE BUILDING SHALL OCCUR ONLY BETWEEN THE HOURS OF 7 A.M. AND 10:00 P.M. MOTION CARRIED 6-0. 6.1. Request by Bauerly Brothers_ Inc to Amend Conditional Use Permit for Gravel Mining, Case No. CU 06-20 -Continued from Au st 8 2006 Plannin Commission Meetin Environmental Administrator Rebecca Haug reviewed revisions to conditions for the request by Bauerly Brother, Inc. including traffic levels, addressing intersection issues, dust and odor, hours of operation, and location of the plant. Staff recommends approval of the request with the conditions listed in the Agreement for Issuance of a Conditional Use Permit attached to the September 14, 2006 Planning Commission report. Commissioner Stevens asked when the number of trucks and hours of operation could be extended. Ms. Haug stated that special conditions would be reviewed on a case-by-case basis. She noted that some MnDOT projects require working during the night time hours. Commissioner Stevens asked how the air emissions will be measured. Ms. Haug stated that Bauerly will have a permit with the Minnesota Pollution Control Agency. If a complaint is received, the operator will be contacted and they will be given 24 hours to deal with the issue. Commissioner Stevens felt this process may be very subjective. Ms. Haug stated that there are typically no problems with compliance. Commissioner Offerman asked if a "sunset date" is being addressed. Ms. Haug stated that the City Attorney advised not having a sunset date. She noted that Bauerly has agreed to have the permit reviewed in 10 years for renewal. Planning Manager Jeremy Barnhart stated that this use is tied to the original conditional use permit, and when the mining ceases, the asphalt plant will also cease operations. He referred to Page 2 of the Agreement, Section 3. (O1). He stated that the hot mix asphalt use goes with the mining, and the conditional use permit expires six months after mining ceases. Commissioner Stevens expressed concern that mining could be minimized and the hot mix plant could still continue. He asked if there is minimum level of mining the city would allow. Ms. Haug stated that the mineral excavation is licensed every year, and once they stop renewing the license, the conditional use permit stops. Commissioner Stevens asked if the gravel miners need to account for how much gravel is mined. Ms. Haug stated that the gravel is taxed and can be tracked. Commissioner Westgaard stated that even though they are limited to a certain number of trucks, the number of trips could vary greatly. He asked how many additional trucks will be running, with the asphalt plant operations. Ms. Haug stated that they currently have 30 trucks and there would be 5 more trucks added. Commissioner Westgaard referenced the City Engineer's memo regarding MnDOT's recommendation. He questioned the word Planning Commission Minutes September 14, 2006 Page 4 "advisable", and if some clear direction would be provided from MnDOT as to the need for acceleration lanes and improvements to the 225t~ Avenue/Highway 169 intersection. Ms. Haug stated that more specific language will be added to the conditional use permit when it is known. Mr. Barnhart noted that since it is unknown what those specific conditions will be, Section 10(c.) was written to cover any improvements deemed necessary by MnDOT. Chair Lemke felt that limiting the number of trucks to 35 was meaningless, since they have no idea how many trips would be made on any given day. He asked how it would be determined that Section 10(c.) was met, regarding MnDOT requirements. Ms. Haug stated that City staff and the City Engineer will be working with MnDOT on this issue. Mr. Barnhart stated that Bauerly Brothers' approval is based on them completing this condition, and if they did not agree to the requirements, they would need to come back and request an amendment to their conditional use permit. Mr. Barnhart suggested language be added to Section 3.) (01) "the hot mix asphalt plant shall be permitted as long as mineral excavation is licensed." Commissioner Offerman stated he was concerned with tying it to the licensing. Ms. Haug stated that the licensing is based on usage. Commissioner Offerman stated he would be more comfortable with a "sunset" date, or some other wording than licensing. Mr. Barnhart stated that the user is allowed to mine indefinitely and that an asphalt plant seems to go hand-in-hand with the mining operation. He stated that there may be some point in time when the asphalt plant is less appropriate, but that mining still is, and they would not want to end the mining. He explained that the mining use was approved some time ago and should be allowed to continue. He stated that if City Council could deems the asphalt plant is inappropriate, the mining could continue. He stated that the asphalt plant will help to speed up the mining process, and the land can be reclaimed sooner. Commissioner Westgaard asked at what point does mining become a secondary use? Mr. Barnhart stated that the mining is the primary use and that the asphalt plant is tied to mining, not the reverse. Commissioner Stevens asked what would happen if the applicant and MnDOT could not agree on the improvements. Mr. Barnhart stated that we first need to find out what the requirements are, and if they are made a condition of approval, they should be enforced. Ms. Haug stated that she could provide an update to the Planning Commission on the MnDOT's requirements. Chair Lemke opened the public hearing. Jeff Lawson, 22715 Baldwin Street -Questioned what the life of the gravel pit would be, since the applicant has stated they will be hauling material into the pit. He also questioned how the mining could be monitored, since a crusher can be moved from one pit to another. He stated that a majority of the trucks leaving the subject site travel south and there is no acceleration lane going south. He stated he has witnessed the watering truck pulling out in front of traffic. He stated that if something is not done, there will be fatalities. In addition, the land fill is directly across from the subject site and adds to the congestion. He noted that the 221St Avenue operation has full acceleration and deceleration lanes. He asked that the Planning Commission take these issues into consideration in making their recommendation. Planning Commission Minutes September 14, 2006 Page 5 John Quade, representing Bauerly Brothers, Inc. -Stated that they need to import some hard rock, and the amount depends on the specifications of MnDOT, the county, and developers. Higher volume roads need more imported rock than lower volume roads. He stated they do not have a problem with the lam - 7pm normal hours, but that they will need to ask for an extension for some projects, such as MnDOT because of public safety issues. Mr. Quade noted that Mark Renn of MnDOT did not say MnDOT "requires" acceleration lanes, and that MnDOT is looking to the city to detPt-mine what needs to be done. He agreed that a southbound acceleration lane is needed. He questioned when all improvements would need to be completed, since the plant will only operate a few weeks this fall. He felt the southbound lane could be completed, but that that he would not want their permit to be held up administratively if they were required to complete all intersection improvements before they could operate. Mr. Quade explained that the life of the pit is 15 - 20 years as it is, and would be 10 - 15 years with the asphalt plant. He felt that if a sunset date is needed, they would be agreeable to 15 years, and if an extension is needed, they could apply for an amendment at that time. Eileen Schulze, 11661225th Avenue -She wanted to emphasize that allowing 35 trucks could mean a great number of trips. She has observed 31 - 33 trucks hauling past her house every 15 - 20 minutes and has counted 23 separate haulers. She questioned Ms. Haug's comment that emissions must be dealt with within 24 hours. Ms. Haug stated that she could call the City, or call the operator directly and if no action is taken, they can be asked to cease operations until the problem is corrected. Ms. Schulze stated that the 221St Avenue plant has an odor. Ms. Haug stated that some odor is expected from an asphalt plant, but an unusually strong odor may be caused by a different type of emission. Ms. Schulze stated that the intersection of 225th Avenue and Highway 169 is already congested, since the entrance to the Elk River Landfill is on the intersection. She stated that trucks turning onto 225th Avenue swing wide to miss the light pole, taking up both lanes of the street. She explained that often two trucks sit side by side block the median, waiting to get onto Highway 169. She stated that with the other pit in Livonia Township, there are so many trucks on 225th Avenue. Ms. Schulze questioned why crushed asphalt is being hauled in. She distributed photographs of trucks at 225th Avenue and Highway 169. Mike Canon, representative of Tiller Corporation -Stated Tiller owns the sand and gravel mining operation and asphalt plant at 221St Avenue and Highway 169. Mr. Carron stated that Tiller was required to pave their driveway for dust control when they received approval for their asphalt plant in 1997. He asked that Bauerly Brothers be treated the same as they were treated in 1997. Doug Manthei, 23130 212th Avenue -Stated he operates the gravel pit on the farm to the north of the subject property and his trucks make approximately 15 trips per day on 225th Avenue. He stated that one of his drivers was stopped for making wide turns onto 225th Avenue from off the highway in order to avoid the light pole near the turn lane. He stated that the officer did not ticket the driver for the wide turn, since there are no lines painted on 225th Avenue, but did cite him for other truck violations. Commissioner Westgaard asked if Bauerly will need to import hard rock for the Sherburne County Road 33 project. Mr. Quade stated yes, that all projects require some importing. Commissioner Westgaard asked how much rerycled material is typically used. Mr. Quade Planning Commission Minutes September 14, 2006 Page 6 stated that up to 30 percent is used for the top lift and 40 percent for non-wear surfaces. Commissioner Westgaard asked if Bauerly would be open to building both northbound and southbound acceleration lanes. Mr. Quade stated that a southbound lane could be build this fall since it would just require building up the radius of the existing surface, but that they would like to have until the start of the 2007 season to build the northbound lane, if it is required. Commissioner Westgaard expressed the following concerns: safety at the intersection, uncertainty of the number of trips, installation of the acceleration lanes, residential zoning of the easterly portion of the property, concern that the asphalt plant would become the primary operation, and how they can be assured that when the mineral excavation stops, the asphalt plant will also cease operating. He felt the language needs to assure them that the asphalt operation will not be forever. Commissioner Westgaard stated that he agreed the asphalt plant makes sense from a business standpoint, but that they need to look at the future of the site as a whole. He stated that if the acceleration lanes and traffic issues can be addressed, he is not opposed to the request. Commissioner Stevens asked if this area is scheduled for transition to 2'/z acre lot size zoning in 2010. Ivlr. Barnhart stated yes. Commissioner Stevens asked if the asphalt plant had restrictions on the number of truck trips, or a sunset date. Mr. Barnhart stated no. Commissioner Offerman stated that he agreed with Commissioner Westgaard's comments and was also concerned about the future of the residential area. He asked Mr. Quade what is the highest percentage rock he would expect to be imported. Mr. Quade stated it could be up to 60 percent, but as stated earlier, the specs vary, and could be as little as 10 percent. Commissioner Offerman stated that he was trying to determine if at some point, the percent of imported rock would be much greater than the use of rock on site. Mr. Quade stated that some material would always need to be imported. Chair Lemke suggested either the applicant could come back in 15 years (2022) or when they get to the point that they are not using at least 30 percent of local material. He asked if there is a right turn lane into the site off Highway 169. Mr. Quade stated yes. Chair Lemke asked if Bauerly would be willing to make improvements to the median. Ivlr. Quade stated that would be up to MnDOT to change. He stated MnDOT would probably permit them to patch the large as identified in the photograph. Chair Lemke stated that it looks like more throat area is need at the intersection. Ivlr. Quade stated that the acceleration lane will make it wider. He stated that a southbound acceleration lane would be on the inside and the northbound lane would be on the outside. Chair Lemke stated that there appears to be some confusion regarding IvInDOT, since one representative is asking the City to tell Iv1nDOT what they want, and the City is looking to IvInDOT to tell them what it needed. Chair Lemke suggested that a section be added to the Agreement between (08) and (09) to include a sunset date of 15 years, as offered by the applicant. Mr. Barnhart stated that the City Attorney has recommended that the City not specify a time line. Chair Lemke stated that he felt if the applicant is willing to have the permit end December 31, 2022 (15 years), they could reapply if necessary to extend it. Commissioner Stevens stated that this area is a mining district and there are certain expectations for noise, odor and traffic. He felt a sunset date was appropriate. He felt it would be difficult to enforce issues such as odor, because it may be difficult to tell where the odor is coming from. He was not sure if paving only 50 feet into the site was sufficient to Planning Commission Minutes September 14, 2006 Page 7 control dust. He felt that if the applicant was willing to include a sunset date, it should be included, if approved by the City Attorney. Commissioner Anderson agreed that since it is a gravel district, the City would want it to be mined. He did not feel an asphalt plant is unusual and that the gravel mining should continue to run its course. He stated that they already have one plant in the area, and the odor is what it is, and it would be difficult to distinguish where the odor is coming from. He felt the City needs to be consistent with the Tiller operation by requiring paving of the entrance road and making the necessary road improvements to handle the truck traffic. He did not see any reason to deny the request. Commissioner Anderson stated the most important issues are traffic and safety concerns. He felt the risks have increased in relation to the risk in increased traffic on Highway 169 coming from the north. He felt there clearly was a need for a southbound acceleration lane and that an acceleration lane to the north should be looked at, as well as deceleration lanes. He did not feel it would be possible to limit the number of trips. He stated that improvements to the intersection are needed to accommodate the longer belly-dump trucks, and that the power pole needs to be relocated to allow right turning movements. He stated he was comfortable with the applicant making some of improvements in 2006 and the rest in 2007. Commissioner Anderson stated that the City needs to communicate with MnDOT through the City Engineer to address these issues. He felt they have a unique situation compared to the 2215 Avenue operation, because of the proximity to the landfill. Mr. Quade questioned if there was some mechanism to get the landfill to participate in any improvements to the intersection. Commissioner Ropp stated he agreed with Commissioner Anderson's comments. He felt that it was clear from the photographs provided by Ms. Schulze that the median is not wide enough. He stated he was in favor of recommending approval of the request. Commissioner Offerman suggested language be revised in Section 10(c) to state that any required improvements to the highway intersection must be completed to address safety concerns. He also suggested a sunset date of 15 years be included in Section 3(01), and the language "and as long as a minimum of 30 percent of the material for the asphalt plant be derived from on-site materials." Commissioner Stevens questioned if the 30 percent minimum would be enforceable. Commissioner Offerman stated that they need to state how much they are going to mine in their mining license. Commissioner stated that if the mining minimum was not met, the asphalt portion of their conditional use permit would be revoked. He asked if the life of the asphalt plant were tied to an event, rather than a date, would it end sooner? Mr. Quade stated it could. Ms. Haug stated that along with their annual mineral excavation license, they are required to submit an acreage plan to reclaim the area to be mined. Commissioner Westgaard favored leaving the language as it was, which states the asphalt plant is contingent upon the mining. Chair Lemke asked how they could determine if this was fair. Commissioner Westgaard questioned if Tiller came in for a separate permit for the asphalt plant. Ms. Haug stated that Tiller's permit is also tied to the mineral excavation. Ms. She noted that Tiller's permit is permanent, and Bauerly Brothers is requesting a temporary asphalt plant operation. Commissioner Offerman stated he also felt they need to look at what is planned for the future 2 '/z acre residential zoning. Planning Commission Minutes September 14, 2006 Page 8 Mr. Quade suggested that a 25 percent figure be used. Commissioner Offerman stated he did not have a problem with 25 percent. Commissioner Anderson suggested a 15 year renewal on the conditional use permit. MOTION BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY BAUERLY BROTHERS, INC. TO OPERATE A HOT MIX ASPHALT PLANT AND TRUCKING OPERATION, CASE NO. CU 06-20, WITH THE CONDITIONS LISTED IN THE AGREEMENT PRESENTED AT THE SEPTEMBER 18, 2006 PLANNING COMMISSION MEETING, WITH THE FOLLOWING CHANGES: SECTION 3.(01) -THIS CONDITIONAL USE PERMIT AUTHORIZES MINERAL EXCAVATION (GRAVEL)( FROM THE PROPERTY. THE OPERATION OF A HOT-MIX ASPHALT PLANT SHALL ALSO BE AUTHORIZED AS LONG AS 25 PERCENT OF THE MATERIAL FOR THE ASPHALT PLANT IS DERRIVED FROM ON SITE MATERIALS. SECTION 10.(C) -AS DEEMED NECESSARY BY MNDOT AND THE ELK RIVER CITY ENGINEER, ANY REQUIRED IMPROVEMENTS TO THE HIGHWAY INTERSECTION MUST BE COMPLETED. Commissioner Stevens asked if a condition to require paving would be included, consistent to what Tiller was required to do. Mr. Quade stated that the plant is temporary and portable, and asked that they not be required to pave around it, as this would not comply with their NPDES permit. He stated they are willing to pave another 50 feet into the site and would address dust on the remainder of the site by watering. AMENDMENT BY COMMISSIONER OFFERMAN TO REVISE SECTION (11)D. AS FOLLOWS: D. A MINIMUM OF 100 FEET MUST BE PAVED FROM 225TH AVENUE INTO THE PIT. AMEMDMENT SECONDED BY ANDERSON. MOTION CARRIED 5-1. Commissioner Stevens opposed. Chair Lemke called a recess at this time (approximately 8:35 p.m.). Chair Lemke left the meeting and Vice-Chair Stevens reconvened the meeting at 8:40 p.m. 6.3. Request by 3 Way Properties for Conditional Use Permit for Outdoor Storage, Public Hearing -Case No. CU 06-24 Planning Manager Jeremy Barnhart stated that the applicant requests a conditional use permit to allow a fenced in enclosure for the purpose of outdoor storage at 16112 Jarvis Street NW. He reviewed the applicant's proposal, setbacks, parking and circulation, landscaping, grading, and drainage and utilities information. Staff suggests the removal of the boats, food trailer, modular home, and inoperable vehicles. Only the only storage of Planning Commission Minutes September 14, 2006 Page 9 equipment necessary for the operation of the business would be allowed in the outdoor storage area. Mr. Barnhart reviewed staff's recommended conditions of approval, and noted that most of the conditions listed in the staff report have been worked out with the applicant. In regard to Condition #4, the City Engineer has suggested leaving the three accesses for the property as they currently exist. He noted that Condition #10 was an error and should be omitted. Commissioner Stevens asked why a well is being required. Mr. Barnhart stated that the applicant is currently using the neighboring well and the condition was added to address this concern. Commissioner Stevens asked how long the non-business items been stored on the property. Mr. Barnhart stated that he was not sure, but staff felt that this was an opportunity to address the issue. Chair Lemke opened the public hearing. Glen Haugen, 14225 214 Avenue, applicant -Stated that the fence will be moved back to the southern most point of the building and will not surround the front area. He distributed sketches of his revised plan. He felt that the contractor for the contractor for the 165 Avenue road improvement project should pour the aprons to the right of way. Mr. Barnhart stated that although he does not know the specifics of this particular project, typically contractors are directed to pour aprons for existing improved driveways. He stated the issue could be discussed with the City Engineer. Mr. Haugen stated that it was his understanding the original application for Kober Excavating included storage of equipment and pipe storage, as well as outdoor rental storage. He stated that the boats will be removed and that he is in the process of cleaning up the site. The owner of the mobile home is in the process of securing a lot and hopes to move it out soon. Mr. Barnhart stated that the ordinance only allows outdoor storage as an accessory use. He stated that rental storage would not be allowed, consistent with the I1 and I2 zoning. He stated that the intent is for the outdoor storage to be related to the business occupying the property. Mr. Haugen asked if he would be able to park his own boat on the site. Mr. Barnhart stated that would not be an issue. Mr. Haugen asked what improvements were covered in the request for a letter of credit and that he felt $50,000 was excessive. Mr. Barnhart stated that the letter of credit could be requested in an amount up to $50,000 and was based on estimated cost of the improvements, subject to approval by the City Engineer, to cover items such as silt fencing, wetland protection and landscaping. Mr. Haugen stated that he felt $25,000 was more appropriate. Clarisse Fontaine, 3 Way Properties - Stated that the request was not just for Kober Excavating and the conditional use permit is being requested to allow other types of storage. Mr. Barnhart explained that the permit will be tied to the storage of excavating equipment. There being no further public comment, Chair Lemke closed the public hearing. Commissioner Westgaard stated that the utilization of the outdoor storage area would need to be consistent with the applicant occupying the building. Mr. Barnhart stated that he would caution that some uses may not be appropriate and felt that if the use changes, the City Council should have an opportunity for review. Planning Commission Minutes September 14, 2006 Page 10 Commissioner Westgaard questioned how the outdoor storage of the portable toilets was tied to the property in a previous request. Commissioner Offerman noted that the business owner was also the property owner. Commissioner Offerman stated that if Kober and 3 Way Properties were on in the same, they should both be tied to the permit. Mr. Haugen stated that Kober is only renting part of the site, and the part he is not using could be rented to others. Commissioner Stevens stated that there are few communities that allow outdoor storage. He felt that it should be made clear that the outdoor storage area is for the excavating business, and other rental storage should not be allowed. Commissioner Offerman stated he did not have a problem with the owners storing personal property on the site, but that renting out space to store others people's boats would not be allowed. Commissioner Stevens suggested that the conditions be amended to remove Conditions #4 and #10, and that #9 be amended to read "up to $50,000". Commissioner Anderson stated that it should be clear the application is for the excavating equipment company, and it is not an application for the rental of outdoor storage space for other types of property. He asked if the use changes, would the applicant need to reapply? Mr. Barnhart stated that 3 Way Properties is requesting outdoor storage for their tenant, Kober. If Kober moves out, and another type of business moves in, outdoor storage would not be allowed without a new application. Commissioner Stevens noted that if Kober moves out, the conditional use permit would expire in six months. Mr. Barnhart referenced Condition #8 which states, "Only equipment and material necessary for the operation of the business may be permitted to be stored in the outdoor storage area. No boats, food trailers, modular homes, or inoperable vehicles." MOTION BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY 3 WAY PROPERTIES FOR A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE FOR KOBER EXCAVATING, PER PLANS DATED SEPTEMBER 7, 2006, CASE NO. CU 06-24, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER DATED SEPTEMBER 5, 2006, SHALL BE ADDRESSED. 2. THE FENCE AND OUTDOOR STORAGE AREA PRESERVE THE REQUIRED 30 FRONT YARD SETBACK FROM 161sT AVENUE ROW. 3. THE FENCE AND OUTDOOR STORAGE ARE TO PRESERVE THE REQUIRED 25-FOOT BUFFER (NO TOUCH, NO MOW) AREA ADJACENT TO THE WETLAND. 4. AT MINIMUM, THE FRONT APPROACHES WITHIN THE RIGHT-OF- WAY SHALL BE PAVED WITH EITHER CONCRETE OR ASPHALT. 5. A LANDSCAPING PLAN BE DEVELOPED THAT INCLUDES 5 OVER- STORYTREES IN THE FRONT YARD, 15 EVERGREEN TREES, AND IVY ADDED ALONG SIDE THE FENCED AREA. LANDSCAPING PLAN SHALL BE APPROVED BY STAFF. Planning Commission Minutes September 14, 2006 Pagc 11 6. THE PROPERTY SHALL INCLUDE A WELL FOR ON SITE WATER USAGE. 7. ONLY EQUIPMENT AND MATERIAL NECESSARY FOR THE OPERATION OF THE BUSINESS MAY BE PERMITTED TO BE STORED IN THE OUTDOOR STORAGE YARD. NO BOATS, FOOD TRAILERS, MODULAR HOMES, OR INOPERABLE VEHICLES. 8. A LETTER OF CREDIT IN AN AMOUNT UP TO $50,000 SHALL BE PROVIDED AS A GUARANTEE FOR THE COMPLETION OF THE SITE IMPROVEMENTS. ESTIMATES OF IMPROVEMENTS TO INCLUDE LANDSCAPING, IVY, WETLAND PROTECTION AND SHALL BE APPROVED BY THE CITY ENGINEER. MOTION CARRIED 6-0. Other Business 7.1. Update on August 21. 2006 City Council Meeting Commissioner Offerman provided an update on the August 21, 2006 City Council meeting. 7.2. Gateway Business Park Update Planning Manager Jeremy Barnhart distributed copies of the Gateway Business Park Work Plan approved by the EDA. He noted that staff plans to invite the business community to the next workshop meeting for a discussion of the proposed sign ordinance amendment. Adjournment There being no further business, MOTION BY COMMISSIONER OFFERMAN TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 9:30 p.m. Respectfully submitted, Debbie Huebner Recording Secretary